Jacobson v. Gourley

California Court of Appeal Sep 28, 2000 No. No. E026312Published

Before: McKinster

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Holding. The court held that an unsworn, unsigned laboratory report bearing only a rubber-stamped emblem does not constitute a 'seal' under California law, and therefore lacks the necessary authentication to be admissible as an official record.

Issues

Whether a laboratory report bearing a rubber-stamped emblem is sufficiently authenticated to be admissible as an official record.
Whether the emblem on the report meets the statutory definition of a 'seal' under the Code of Civil Procedure.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The SID report is not signed by anyone. Therefore, the emblem stamped upon it does not meet the statutory definition of a seal.”

“Authentication being an indispensable prerequisite to the admission of documentary evidence (Evid. Code, § 1401, subd. (a)), the DMV has failed to show that the trial court erred by granting the petition for writ of mandate.”

Opinion

McKINSTER, J. The Director of the Department of Motor Vehicles (DMV) appeals from a judgment granting a petition for a writ of mandate. We affirm.

Factual and Procedural Background

On March 27, 1999, Geoff C. Jacobson was arrested in Rancho Cucamonga for driving while under the influence of alcohol in violation of Vehicle Code section 23152. A sample of his blood was taken and he surrendered his driver’s license to the arresting officer.

[1333]At Jacobson’s request, the DMV held an administrative hearing to determine whether his driver’s license should be suspended. At the hearing, the DMV offered documentary evidence including a document entitled “San Bernardino Co. Sheriff’s, Scientific Investigation Division 7-Apr-1999 Report on the Receipt and Examination for Ethyl Alcohol.”1 The document lists four names, including “Jacobson, GE.” Across from Jacobson’s name, the document reflected a blood-alcohol level of .16 percent. The analyst is identified as “White.” Printed in ink with a rubber stamp at the end of the four entries is the emblem of the San Bernardino County’s Sheriff’s Department together with the name and address of the department’s scientific investigation division.

Over Jacobson’s objections, that document (SID report) was admitted into evidence. Relying upon that evidence of the chemical tests of his blood, the hearing officer found that Jacobson had been driving with a blood-alcohol level of .08 percent or more, and that his license should be suspended.

Pursuant to Code of Civil Procedure section 1094.5 and Vehicle Code section 13559, Jacobson filed a petition for a writ of mandate. His petition seeks an order directing the DMV to revoke the suspension of his driver’s license on the ground that the hearing officer erred by admitting the SID report. The trial court granted the petition and ordered the DMV to revoke the suspension of Jacobson’s driver’s license. The DMV "appeals.

Issue on Appeal

In administrative hearings, “[h] ears ay evidence may be used for the purpose of supplementing or explaining other evidence but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.” (Gov. Code, § 11513, subd. (d).) The SID report is the only evidence of Jacobson’s blood-alcohol level. The DMV concedes that Jacobson objected to its admission as hearsay.

Jacobson v. Gourley

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